Session Laws

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to immediately provide new procedures for the issuance and reissuance of general registration plates by the registrar of motor vehicles, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 25 of chapter 64H of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out the third paragraph.

SECTION 2. Section 26 of chapter 64I of the General Laws, as so appearing, is hereby amended by striking out the third paragraph.

SECTION 3. Section 1 of chapter 90 of the General Laws, as so appearing, is hereby amended by striking out the definition of "Dealer" and inserting in place thereof the following definition:-

"Dealer", any person who is engaged principally and substantially in the business of buying, selling or exchanging motor vehicles or trailers or motor vehicle bodies who maintains a facility dedicated to carrying out said business and, except for a person who exchanges such vehicles on a wholesale basis, is open to the public.

SECTION 4. Said section 1 of said chapter 90, as so appearing, is hereby further amended by striking out the definition of "Established place of business" and inserting in place thereof the following definition:-

"Established place of business", a permanently enclosed premises owned or leased exclusively by a repairman which is open to the general public. Unless said business is limited solely to the towing of motor vehicles or trailers for the public, said repairman shall possess the necessary tools and facilities reasonably necessary to conduct a repair business. If more than one business is located within the same building or structure and the other businesses are not owned or controlled by the same principals, the repair business shall maintain a separate and exclusive entrance.

SECTION 5. Said section 1 of said chapter 90, as so appearing, is hereby further amended by striking out the definition of "Farmer" and inserting in place thereof the following definition:-

"Farmer", any person who is engaged principally or substantially in the occupation of farming or raising horses, livestock or poultry, excluding domestic pets, on land owned or controlled by him for an ultimate commercial purpose.

SECTION 6. Said section 1 of said chapter 90, as so appearing, is hereby further amended by striking out the definition of "Manufacturer" and inserting in place thereof the following definition:-

"Manufacturer", any person who is engaged principally and substantially in the business of manufacturing motor vehicles, trailers, motor vehicle bodies or complete mechanical units for excavating or carrying materials and does not incidentally sell used motor vehicles.

SECTION 7. Said section 1 of said chapter 90, as so appearing, is hereby further amended by striking out the definition of "Owner-contractor" and inserting in place thereof the following definition:-

"Owner-contractor", any person who is not a manufacturer, dealer or repairman who owns a fleet of ten or more vehicles, trailers, special mobile equipment, mobile construction cranes or combination thereof, which is used or leased exclusively by him in his principal business and who maintains an establishment with facilities for the repair, alteration or equipment of such vehicles or trailers.

SECTION 8. Said section 1 of said chapter 90, as so appearing, is hereby further amended by striking out the definition of "Repairman" and inserting in place thereof the following definition:-

"Repairman", any person who is principally and substantially engaged in the business of repairing, altering, reconditioning, equipping or towing motor vehicles or trailers for the public and who maintains an established place of business, as defined in this section.

SECTION 9. Said section 1 of said chapter 90, as so appearing, is hereby further amended by striking out the definition of "Special mobile equipment" and inserting in place thereof the following definition:-

"Special mobile equipment", a motor vehicle which is principally designed to conduct excavations or lift building materials at a public or private construction site and is operated on a way for the sole purpose of transportation to or from said construction site and has a gross vehicle weight of at least twelve thousand pounds. This definition shall not include a motor vehicle which is designed to carry passengers, or any load, on a way.

SECTION 10. Said section 1 of said chapter 90, as so appearing, is hereby further amended by striking out the definition of "Transporter" and inserting in place thereof the following definition:-

"Transporter", any person principally and substantially engaged in the business of transporting or delivering motor vehicles under their own power not owned by him and who possesses a valid license for said business issued by the department of public utilities, or any person or agent thereof, licensed to engage in the business of financing the purchase of or insuring motor vehicles who is required to take into possession such motor vehicles by foreclosure or subrogation of title.

SECTION 11. Said section 1 of said chapter 90, as so appearing, is hereby further amended by striking out the definition of "Repossessor".

SECTION 12. Said section 1 of said chapter 90, as so appearing, is hereby further amended by striking out the definition of "Tow truck operator".

SECTION 13. Section 2 of said chapter 90, as so appearing, is hereby amended by striking out the thirteenth paragraph.

SECTION 14. Said chapter 90 is hereby further amended by striking out section 5, as so appearing, and inserting in place thereof the following section:-

Section 5. (a) The registrar may issue general registrations and general registration number plates in such form as he determines to any person engaged in the following occupations who meet the eligibility requirements stated in this chapter and the rules and regulations of the registry of motor vehicles:

(1) manufacturer;

(2) dealer;

(3) repairman;

(4) recreational vehicle and recreational trailer dealer;

(5) boat and boat trailer dealer;

(6) farmer;

(7) owner-contractor;

(8) transporter; and

(9) person involved in the harvesting of forest products as defined by the regulations of the registry of motor vehicles.

(b) No person shall be eligible for a general registration and general registration number plates unless said person holds the necessary license or permit required by any federal, state or local law for engaging in said occupation, and provides truthful and complete information in the application for general registrations and number plates in the form prescribed by the registrar.

(c) Unless prohibited by this chapter or any rule or regulation of the registry, any motor vehicle or trailer owned or controlled by any person who has been issued a general distinguishing registration number which properly displays the valid corresponding general registration number plate shall be regarded as registered under this chapter; provided however, that no motor vehicle or trailer so registered shall be loaned or let for hire for more than five consecutive days.

(d) An owner-contractor who has received a general registration and number plate may only operate or tow the following vehicles or trailers with said registration and number plate:

(1) Any special mobile equipment as defined in section one;

(2) A mobile construction crane as defined in said section one; and

(3) Any other motor vehicle or trailer authorized by the rules and regulations of the registry.

A dealer in recreational vehicles and recreational vehicle trailers or a dealer in boats and boat trailers who has received such a registration and plate may only operate with said registration trailers owned by him and held for sale and demonstration.

A farmer who has received such a registration and plate may only operate or tow a vehicle or trailer under said registration and plate principally used for and dedicated to carrying on a farm related activity. Such registration and plate may not be used on a passenger motor vehicle.

A transporter, as defined in section one, who has received such a registration and plate may only operate with said registration a motor vehicle or trailer not owned by him and only in the course of such business.

(e) Except for a dealer, any person who owns a motor vehicle or trailer registered for operation with a general registration issued under this section shall apply to the registrar for a sticker or decal which indicates that said owner has complied with the requirements of chapters sixty-four H, sixty-four I and ninety D, with respect to each motor vehicle or trailer so registered.

(f) The registrar may make rules and regulations relative to the issuance, use and display of general registration numbers, number plates and stickers or decals issued under this section. The registrar shall prescribe the form of a written voucher document which shall be carried on the person of any operator of a motor vehicle. A copy of said voucher shall be retained by said dealer on the licensed premises.

(g) Whoever makes a false statement in an application for a general registration and number plate shall be punished by a fine of not less than one hundred nor more than five hundred dollars or by imprisonment for not less than thirty days nor more than two years.

(h) In addition to any penalty provided by law, the registrar may suspend or revoke, after notice and an opportunity for a hearing, any general registration or number plate if he has reason to believe that the holder thereof has violated the provisions of this section or the rules and regulations of the registry made pursuant hereto.

SECTION 15. Section 9 of said chapter 90, as so appearing, is hereby amended by inserting after the first sentence the following sentence:- A motor vehicle which is being towed or drawn by a motor vehicle designed to draw or tow such vehicles need not be so registered if (a) the towing vehicle is properly registered and displays a valid repair plate issued pursuant to section five, (b) said towing vehicle maintains insurance which also provides coverage for the motor vehicle being towed, and (c) said towing vehicle has been issued a certificate by the department of public utilities pursuant to paragraph (b) of section three of chapter one hundred and fifty-nine B.

SECTION 16. Section thirty-two I of said chapter ninety is hereby repealed.

SECTION 17. Subdivision (7) of section 33 of said chapter 90, as appearing in the 1990 Official Edition, is hereby amended by striking out the seventh and eighth paragraphs.

SECTION 18. Section 58 of chapter 140 of the General Laws is hereby amended by striking out the last two paragraphs, added by section 95 of chapter 653 of the acts of 1989.

SECTION 19. Notwithstanding any other provisions of this act, where the registrar has determined, after investigation, that a domestic corporation's commercial motor vehicles, trailers, and semi-trailers are engaged in interstate commerce under contract with the United States' Department of Defense, or outside of the commonwealth in states belonging to the International Registration Plan more than seventy-five percent of the time, the registrar may authorize that proportion of such vehicles registered in states belonging to the International Registration Plan to be operated on the ways of the commonwealth without registration therein until such time as the commonwealth becomes a participating member of the International Registration Plan.

SECTION 20. This act shall take effect as of January first, nineteen hundred and ninety-two.